CONSTITUTION 


OF   TIIK' 


CONFEDERATE  STATES  OF  AMEKIOA. 


Adojjicd  unanimonshj  by  the  Congress  of  the  Confederate  States  of  America . 
3 f arch  11,  18G1. 


y 


.^rONTGOMEHY,  ALA.: 

SIini.T..-..     c,    iiy:i,t^    PKINTKHS,    ADVKUTISJ:!:    Ui  FICC 

1861. 


p  I  ^  ^  §^ 


« 


\  \ 


CONSTITUTION 

OF   THE 

CONFEDERATE    STATES  OF  AMERICA. 


We,  the  people  of  the  Coiiioderate  States,  each  state 
acting  ill  its  sovereign  and  independent  character,  in  or- 
der to  form  a  permanent  federal  government,  establish 
justice,  insure  domestic  tranquility  and  secure  the  bless- 
ings of  liberty  to  ourselves  and  our  posterity — invoking 
the  favor  and  icuidancc  of  Alniightv  God — do  ordain  and 
establish  this  constitution  for  the  Confederate  States  of 
America. 

ARTICLE   I. 
Section  1. 

All  legislative  powers  herein  delegated  shall  be  vested 
in  a  Congress  of  the  Confederate  States,  ■which  shall  con. 
sist  of  a  Senate  and  House  of  Representatives. 

Section  2. 
1.  The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  second  year  by  the  people  of  the 
several  states;  and  the  electors  in  each  state  shall  be  citi- 
zens of  the  Confederate  States,  and  have  the  qualiiica- 
tions  requisite  for  electors  of  the  most  iinmerous  branch 
of  tiie  State  Legislature;  but  no  person  of  foreign  birth, 
not  a  citizen  of  the  Confederate  States,  shall  be  allowed  to 
vote  for  any  officer,  civil' or  political.  State  or  Federah 


P  /"S-^  8-^ 


2.  No  person  shall  be  a  llcprcseiitativc,  who  shall  not 
have  attained  the  age  of  twenty-five  years,  and  be  a  citizen 
of  the  Confederate  States,  and  who  shall  not,  when  elect- 
ed, be  an  inhaljitant  of  that  state  in  whirh  lie  sliall  be 
chosen. 

3.  Representatives  and  Direct  Taxes  shall  be  ap[>or- 
tioncd  aniono:  the  several  states,  which  may  be  included 
within  this  C/onfederacy,  according  to  their  respective 
numbers,  which  shall  be  determined,  by  adding  to  the 
whole  numl)cr  of  free  persons,  including  those  bound  to 
service  for  a  term  of  .years,  and  excluding  Indians  not 
taxed,  three-fifths  of  all  slaves.  The  actual  enumeration 
shall  be  made  within  three  years  after  the  first  meeting  of 
the  Coniri'ess  of  the  Confederate  States,  and  within  everv 
subsequent  term  of  ten  years,  in  such  manner  as  they  shall, 
by  law,  direct.  The  number  of  Representatives  shall  not 
exceed  one  for  every  fifty  thousand,  but  each  state  shall 
have  at  least  one  Representative  ;  and  until  such  enumer- 
ation shall  be  made,  the  state  of  South  Carolina  shall  be 
entitled  to  choose  six — the  state  of  Georgia  ten — the 
state  of  Alabama  nine — the  state  of  Florida  two — the 
state  of  Mississippi  seven — the  state  of  Louisiana  six,  and 
tlie  state  of  Texas  six. 

4.  When  vacancies  happen  in  the  representation  from 
any  state,  the  Executive  authority  thereof  shall  issue 
writs  of  election  to  fill  such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their 
speaker  and  other  ofiicers  ;  and  shall  have  the  sole  power 
of  impeachment ;  except  that  any  judicial  or  other  federal 
officer,  resident  and  acting  solely  within  the  limits  of  any 
state,  may  be  impeached  by  a  vote  of  two-thirds  of  both 
branches  of  the  Legislature  thereof. 

Section  3. 
1.  The  Senate  of  the  Confederate  States  shall  be  com- 
posed of  two  Senators  trom  each  state,  chosen  for  six  years 
by  the  legislature  thereof,  at  the  regular  session  next  im- 
mediately preceding  the  commencement  of  the  term  of 
service;  and  each  Senator  shall  have  one  vote. 


'.  '  \ 


2.  Immediately  after  they  shall  be  assembled,  in  conse- 
qwence  of  the  iirst  election,  the}*  shall  be  divided  as  equal- 
ly as  may  be  into  three  classes.  The  seats  of  the  Sena- 
tors of  the  first  class  shall  be  vacated  at  the  expiration  of 
the  second  year;  of  tlio  second  class  at  the  cx})iration  of 
the  fourth  3'car;  and  of  the  third  class  at  the  expiration  of 
the  sixth  year;  so  that  one-third  may  be  chosen  everj-sec 
ond  3'ear;  and  if  vacancies  happen  by  resignation,  orotli- 
erwise,  during  the  recess  of  the  legislature  of  any  state, 
the  efecutivc  thereof  may  make  temporary  appointments 
■until  the  next  meeting  of  the  Legislature,  which  shall 
then  till  sucli  vacancies. 

8.  No  person  shall  be  a  Senator  who  shall  not  have  at- 
tained the  age  of  thirty  3'ears,  and  be  a  citizen  of  the  Con- 
federate States  ;  and  who  shall  not,  when  elected,  be  an 
inhabitant  of  the  statefor  which  he  shall  be  chosen. 

4.  The  Vice-President  of  the  Confederate  States  shall 
bei^'esident  of  the  Senate,  but  shall  have  no  vote,  unless 
they  be  equally  divided. 

5.  The  Senate  shall  choose  their  other  officers;  and 
ulso  a  President  pro  tempore  in  the  absence  of  the  Vice 
President,  or  when  he  shall  exercise  the  office  of  Presi- 
<lentof  the  Confederate  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments. When  sitting  for  that  pur{)Ose,  they  shall 
be  on  oatli  or  atfirmation.  When  the  President  of  the 
Confederate  States  is  tried,  the  Chief  Justice  shall  pre- 
side ;  and  no  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  the  members  present. 

7.  Judgment  in  cases  of  impeachmenr  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust  or  profit, 
under  the  Confederate  States  ;  but  the  party  convicted 
sliall,  nevertheless,  be  liable  and  subject  to  indictment, 
trial,  judgment  and  punishment  according  to  law. 

Skctiox  4. 
1.  The  times,  places  and  manner  of  holding  elections 
for  .Senators  and  Kcpreseutatives,   shall  be  prescribed  in 


each  state  by  the  legishiture  thereof,  subject  to  the  pro- 
visions of  this  Constitution  ;  but  the  Congress  may,  at  any 
time,  by  law,  make  or  alter  such  regulations,  except  as  to 
the  times  and  pLaces  of  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every 
year;  and  such  meeting  shall  be  on  the  first  Monday  in 
December,  unless  they  shall,  by  law,  appoint  a  different 
day. 

Sectiox  5. 

1.  Each  House  shall  be  the  judge  of  the  electiofis,  re- 
turns and  qualifications  of  its  own  members,  and  a  ma- 
jority of  each  shall  constitute  a  quorum  to  do  business; 
but  a  smaller  number  may  adjourn  froni  day  to  day,  and 
may  be  authorized  to  compel  the  attendance  of  absent 
members,  in  such  manner  and  under  such  penalties  as 
eacli  House  may  provide. 

2.  Eacli  House  may  determine  the  rules  of  its  proceed- 
ings, punish  its  members  for  disorderly  beiiavior,  and, 
with  the  concurrence  of  two-tliirds  of  the  whole  number, 
expel  a  member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  ma}'  in  their  judgment  require  secresy  ;  and  the 
yeas  and  nays  of  the  members  of  either  House,  on  any 
question,  shall,  at  the  desire  of  one-fifth  of  those  present, 
be  entered  on  the  journal. 

4.  jSTeither  House,  during  the  session  of  Congress,  shall, 
witliout  the  consent  of  the  other,  adjourn  for  more  tlian 
three  days,  nor  to  any  other  place  than  that  in  which  the 
two  Houses  shall  be  sitting. 

Sectiox  6. 
1.  The  Senators  and  Representatives  shall  receive  a 
compensation  for  their  services,  to  be  ascertained  bylaw, 
and  paid  out  of  the  treasury  of  the  Confederate  States. 
They  shall,  in  all  cases,  except  treaspn,  felony,  and  breach 
of  the  peace,  be  privileged  from  arrest  during  their  at- 
tendance at  the  session  of  their  respective  Houses,  and  in 
going  to  and  returning  from  the  same ;  and  for  a>iy  speech 


or  debate  in  either  House,  tho}^  shall  not  be  questioned 
in  any  other  place. 

2.  No  Senator  or  Representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil  office 
under  the  authorit}'-  of  the  Confederate  States,  which 
shall  have  been  created,  or  the  emoluments  whereof  shall 
have  been  increased  during  such  time ;  and  no  person 
holding  any  office  under  the  Confederate  States  shall  be 
a  member  of  either  House  during  his  continuance  in  of- 
fice. But  Congress  may,  by  law,  grant  to  the  principal 
othcer  in  each  of  the  Executive  Departments  a  scat  upon 
the  floor  of  either  House,  with  the  privilege  of  discussing 
any  measures  appertaining  to  his  department. 

Section  7. 

1.  All  bills'for  raising  revenue  shall  originate  in  the 
House  of  Representatives  ;  but  the  Senate  may  propose 
or  concur  with  amendments  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  both  Houses, 
shall,  before  it  becomes  a  law,  be  presented  to  the  Presi- 
dent of  the  Confederate  States;  if  he  approve,  he  shall 
sign  it;  but  if  not,  he  shall  return  it  with  his  objections 
to  that  House  in  which  it  shall  have  originated,  who  shall 
enter  the  objections  at  la,rge  on  their  journal,  and  proceed 
to  reconsider  it.  If,  after  such  reconsideration,  two- 
thirds  of  that  House  shall  agree  to  pass  the  bill,  it  shall 
be  sent,  together  with  the  objections,  to  the  other  House, 
by  which  it  shall  likewise  be  reconsidered,  and  if  approved 
by  two-thirds  of  tlnit  House,  it  shall  become  a  law.  But 
in  all  such  cases,  the  votes  of  both  Houses  shall  be  deter- 
mined by  yeas  and  nays,  and  the  nanies  of  the  persons 
voting  for  and  against  the  bill  shall  be  entered  on  the 
journal  of  each  House  respectively.  If  any  bill  shall  not 
be  returned  by  tlie  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  law%  in  like  manner  as  if  he  had  signed  it, 
unless  the  Congress,  by  their  adjournment,  prevent  its  re- 
turn ;  in  which  case  it  shall  not  be  a  law.  The  President 
may  approve  any  appropriation  and  disapprove  any  other 


appropriation  in  the  same  bill.  In  such  ease  he  shall,  in 
signing  the  bill,  designate  the  appropriations  disapprov- 
ed ;  and  shall  return  a  copy  of  such  appropriations,  with 
his  objections,  to  the  House  in  which  the  bill  shall  have 
originated  ;  and  the  same  proceedings  shall  then  be  had 
as  in  case  of  other  bills  disapproved  by  the  President. 

3.  Every  order,  resolution  or  vote,  to  which  the  concur- 
rence of  both  Houses  may  be  necessary  (except  on  a 
question  of  adjournment)  shall  be  presented  to  the 
President  of  the  Confederate  States ;  and  before 
the  same  shall  take  eli'ect,  shall  be  approved  by  him  ;  or 
being  disapproved  by  him,  shall  be  re-passed  by  two-thirds 
of  both  Houses  according  to  the  rules  and  limitations  pre- 
scribed in  case  of  a  bill. 

Sectiox  8. 

The  Congress  shall  have  power — 

1.  To  lay  and  collect  taxes,duties,  imposts,  and  excises, 
for  revenue  necessary  to  pay  the  debts,  provide  for  the 
common  defence,  and  carry  on  the  government  of  the  Con- 
federate States  ;  but  no  bounties  shall  be  granted  from  the 
treasury  ;  nor  shall  any  duties  or  taxes  on  importations 
from  foreign  nations  be  laid  to  promote  or  foster  any 
branch  of  industry  ;  and  all  duties,  imposts,  and  excises 
shall  be  uniform  throughout  the  Confederate  States  : 

2.  To  borrow  money  on  the  credit  of  the  Confederate 
States : 

3.  To  regulate  commerce  with  foreign  nations,  and 
among  the  several  States,  and  with  the  Indian  tribes ; 
but  neither  this,  nor  any  other  clause  contained  in 
the  constitution,  shall  ever  be  construed  to  delegate 
the  power  to  Congress  to  appropriate  money  for 
any  internal  improvement  intended  to  facilitate  com- 
merce ;  except  for  the  purpose  of  furnishing  lights, 
beacons,  and  buoys,  and  other  aids  to  navigation  upon 
the  coasts,  and  the  improvement  of  harbors  and  the 
removing  of  obstructions  in  river  navigation,  in  all  which 
cases,  such  duties  shall  be  laid  on  the  navigation  facilita- 


ted  tliereby,  as  may  bo  iiecfssaiy  to  pay  the  costs  and  ex- 
penses thereof: 

4.  To  establish  uniform  huvs  of  naturalizution,  and 
uniform  hiws  on  the  subject  of  bankruptcies,  throucrh- 
out  the  Confederate  States,  but  no  hxw  of  Conirress 
shall  discharge  any  debt  contracted  before  the  passage  of 
the  same: 

5.  To  coin  money,  regulate  the  value  thereof  and  of 
foreign  coin,  and  tix  the  standard  of  weights  and  meas- 
ures : 

6.  To  provide  for  the  punishment  of  counterfeiting  the 
securities  and   current  coin  of  the  Confederate    States: 

7.  To  establish  postoliices  and  post  routes;  but  the 
expenses  of  the  rostollice  Department,  after  the  first 
day  ot  March  in  the  year  of  our  Lord  eighteen  hund- 
red and  sixty-three,  shall  be  paid  out  of  its  own 
revenues  : 

8.  To  promote  the  progress  of  science  and  useful 
arts,  by  securing  for  limited  times  to  authors  and  inven- 
tors the  exclusive  right  to  their  respective  writings  and 
discoveries  : 

9.  To  constitute  tribunals  inferior  to  the  Snj)reme 
Court : 

10.  To  define  and  punish  piracies  and  felonies  commit- 
ted on  the  high  seas,  and  oflences  against  the  law  of 
nations : 

ll\  To  declare  war,  grant  letters  of  niarque  and  re- 
prisal, and  make  rules  concerning  captures  on  land  and 
water  : 

12.  To  raise  and  support  armies;  but  no  appropriation 
of  money  to  that  use  shall  be  for  a  longer  term  than  two 
years  : 

13.  To  provide  and  maintain  a  navy: 

14.  To  make  rules  for  the  government  and  regulation 
of  the  laud    and  naval  forces  : 

15.  To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Confederate  States,  suppress  insurrections, 
and  repel  invasions : 


10 

16.  To  provide  for  organizino;,  arming,  and  dis- 
ciplining the  militia,  and  for  governing  such  part  of 
them  as  may  be  emplo\'ed  in  the  service  of  the  Confeder- 
ate States  ;  reserving  to  the  States,  respectively,  the  ap- 
pointment of  the  officers,  and  the  authority  of  training 
the  militia  according  to  the  discipline  prescribed  by  Con- 
gress : 

17.  To  exercise  exclusive  legislation,  in  all  cases 
whatsoever,  over  such  district  (not  exceeding  ten  miles 
square)  as  ma}',  by  cession  of  one  or  more  States  and  the 
acceptance  of  Congress,  become  the  seat  of  the  Govern- 
ment of  the  Confederate  States;  and  to  exercise  like 
authority  over  all  places  purchased  by  the  consent  of  the 
legislature  of  the  State  in  which  the  same  shall  be,  for 
the  erection  of  forts,  magazines,  arsenals,  dockyards,  and 
other  needful  buildings:  and 

18.  To  make  all  laws  which  shall  be  necessary  and  pro- 
per for  carrying  into  execution  the  foregoing  powers,  and 
all  other  powers  vested  by  this  Constitution  in  the  gov- 
ernment of  the  Confederate  States,  or  in  an}'  department 
or  officer  thereof. 

Section  9. 

1.  The  importation  of  negroes  of  the  African  race, 
from  any  toroign  country,  other  than  the  slaveholding 
States  or  Territories  of  the  United  States  of  America,  is 
hereby  forbidden  ;  and  Congress  is  required  to  pass  such 
laws  as  shall  eiiectually  prevent  the  same. 

2.  Congress  shall  also  have  power  to  prohibit  the  in- 
troduction of  slaves  from  any  State  not  a  member  of,  or 
Territory  not  belonging  to,  this  Confederacy. 

3.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when  in  cases  of  rebellion  or  inva- 
sion t]ie  public  safety  may  require  it. 

4.  No  bill  of  attainder,  ex  'post  facto  law,  or  law  denying 
or  imparing  the  right  of  property  in  negro  slaves  shall  be 
passed. 

6.  ISTo  capitation  or  other  direct  tax  shall  be  laid,  unless 


11 

in  proportion  to  the  census  or  enumeration    hereinbefore 
directed  to  be  taken. 

6.  ]S"o  tax  or  duty  shall  be  laid  on  articles  exported 
from  any  State,  except  by  a  vote  of  two-thirds  of  both 
Houses. 

7.  No  preference  shall  be  given  by  an}-  regulation  of 
commerce  or  revenue  to  the  ports  of  one  State  over  those 
of  another.  • 

8.  JN"o  money  shall  be  drawn  from  the  treasury,  but  in 
consequence  of  appropriations  made  by  law ;  and  a  regu- 
lar statement  and  account  of  the  receipts  and  expendi- 
tures of  all  public  money  shall  be  published  from  time  to 
time. 

0.  Congress  shall  appropriate  no  monej^  from  the  treas- 
ury'' except  by  a  vote  of  two-thirds  of  both  Houses,  taken 
by  3'eas  and  nays,  unless  it  be  asked  and  estimated  for  by 
some  one  of  the  heads  of  Department,  and  submitted  to 
Congress  by  the  President;  or  for  the  purpose  of  paying 
its  own  expenses  and  contingencies  ;  or  for  the  payment 
of  chiims  against  the  (\)nfederate  States,  the  justice  of 
which  shall  have  been  judicially  declared  by  a  tribunal 
for  the  investigation  of  claims  against  the  government, 
which  it  is  hereby  made  the  duty  of  Congress  to  establish. 

10.  All  bills  appropriating  money  shall  specify  in  fed- 
eral currency  the  exact  amount  of  each  appropriation  and 
the  [lurposes  for  which  it  is  made  ;  and  Congress  shall 
grant  no  extra  compensation  to  any  public  contractor, 
ofliccr,  agent  or  servant,  after  such  contract  shall  have 
been  made  or  such  service  rendered. 

11.  No  title  of  nobility  shall  be  granted  by  the  Con- 
federate States  ;  and  no  person  holding  any  ofhce  of  profit 
or  trust  under  them,  shall,  without  the  consent  of  the 
Congress,  accept  of  any  present,  emolument,  office  or 
title  of  any  kind  whatever  from  any  king,  prince  or 
foreign  State. 

12.  Congress  shall  make  no  law  respecting  an  estab- 
lishment of  religion,  or  prohibiting, the  free  exercise 
thereof;  or  abridging  the   freedom  of  speech,  or  of  the 


12 

press  ;  or  the  right  of  the  people  peaceably  to    assemble 
and  petition  the  government  for  a  redress  of  grievances. 

13.  A  well  regulated  militia  being  neces.-ary  to  the 
secnrit}'  of  a  free  State,  the  right  of  the  people  to  keep 
and  bear  arms  shall  not  be  infringed. 

14.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner  ;  nor  in  time 
of  war,  but  in  a  manner  to  be  prescribed  by  law. 

15.  The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers,  and  effects  against  unreasonable 
searches  and  seizures,  shall  not  be  violated  ;  and  no  war- 
rants shall  issue  but  upon  probable  cause,  supported  by 
oath  or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  persons  or  things  to  be  seized. 

16.  jSTo  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  in- 
dictment of  a  grand  jury,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia,  when  in  actual  ser- 
vice, in  time  of  war  or  public  danger  ;  nor  shall  any  per- 
son be  subject  for  the  same  offence  to  be  twice  put  in 
jeopardy  of  life  or  limb  ;  nor  be  compelled,  in  any  crimi- 
nal case,  to  be  a  witness  against  himself;  nor  be  deprived 
of  life,  liberty,  or  property,  without  due  process  of  law  ; 
nor  shall  private  property  be  taken  for  public  use,  without 
just  compensation. 

17.  In  all  criminal  prosecutions  the  accused  shall  enjoy 
the  riglic  to  a  speedy  and  public  trial,  by  an  impartial 
jury  of  the  State  and  district  wherein  the  crime  shall  liave 
been  committed,  which  district  shall  have  been  previous- 
ly ascertained  bylaw,  and  to  be  informed  of  the  nature 
and  cause  of  the  accusation  ;  to  be  confronted  Avitli  the 
witnesses  against  him  ;  to  have  compulsor}'  process  for 
obtaining  witnesses  in  his  favor;  and  to  have  the  assist- 
ance of  counsel  for  his  defence. 

18.  In  suits  at  common  law,  where  the  value  in  contro- 
versy shall  exceed  twenty  dollars,  the  right  of  trial  byjury 
shall  be  preserved  ;  and  no  fact  so  tried  by  a  jury  shall  be 


13 

otherwise  re-examined  in  any  court  of  the  Confederacy, 
than  according  to  the  rules  of  the  common  law. 

19.  Excessive  bail  shall  not  he  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  in- 
liicted. 

20.  Every  law  or  resolution  having  the  force  of  law, 
shall  relate  to  but  one  subject,  and  that  shall  be  expressed 
in  the  title. 

Skction  10. 

1.  Xo  State  shall  enter  into  any  trcrity,  alliance,  or 
confederation;  grant  letters  of  marque  and  reprisal  ;  coin 
money;  make  anything  but  gold  and  silver  coin  a  tender 
in  payment  of  debts  ;  pass  any  bill  of  attainder,  or  cxpost 
facto  law,  or  law  impairing  the  oliligation  of  contracts  ;  or 
grant  any  title  of  nobility. 

2.  Xo  state  shall,  without  the  consent  of  the  Congress, 
lay  any  imposts  or  duties  on  imports  or  exports,  except 
what  may  be  absolutely  necessary  for  executing  its  in- 
spection laws  ;  and  the  nett  produce  of  all  duties  and  im- 
posts, hud  by  any  State  on  imports  or  exports,  shall  be 
for  the  use  of  the  treasury  of  the  Confederate  States  ;  and 
all  such  laws  shall  be  subject  to  the  revision  and  control 
of  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay 
any  duty  on  tonnage,  except  on  sea-going  vessels,  for  the 
improvement  of  its  rivers  and  harbors  navigated  by  the 
said  vessels;  but  such  duties  shall  not  conilict  with  any 
treaties  of  the  Confederate  States  with  foreign  nations  ; 
and  any  surplus  revenue,  thus  derived,  shall,  after  mak- 
ing such  improvement,  be  paid  into  the  common  treasu- 
ry. Xor  shall  any  state  keep  troops  or  ships  of  war  in  time 
of  peace,  enter  into  any  agreement  or  compact  with  anoth- 
er state,  or  with  a  foreign  power,  or  engage  in  war,  un- 
less actually  invaded,  or  in  such  imminent  danger  as  will 
not  admit  of  delay.  But  when  any  river  divides  or  flows 
through  two  or  more  States,  they  ma^'  enter  into  com- 
pacts with  each  other  to  improve  the  navigation  thereof. 


14 

ARTICLE  II. 
Section  1. 

1.  The  executive  power  shall  be  vested  in  a  President 
of  the  Confederate  States  of  America.  He  and  the  Vice 
President  shall  hold  their  oflSces  for  the  term  of  six3'ear3  ; 
but  the  President  shall  not  be  re-eligible.  The  President 
and  Vice  President  shall  be  elected  as  follows  : 

2.  Each  State  shall  appoint,  in  such  manner  as  the  leg- 
islature thereof  may  diiect,  a  number  of  electors  equal  to 
the  whole  number  of  Senators  and  Representatives  to 
which  the  State  may  be  entitled  in  the  Congress  ;  but  no 
Senator  or  Representative,  or  person  holding  an  oiiice  of 
trust  or  profit  under  the  Confederate  States,  shall  be  ap- 
pointed an  elector. 

3.  The  electors  shall  meet  in  their  respective  States  and 
vote  by  ballot  for  President  and  Vice  President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same 
State  with  themselves ;  they  shall  name  in  their  ballots 
the  person  voted  for  as  President,  and  in  distinct  ballots 
the  person  voted  for  as  Vice  President,  and  they  shall 
make  distinct  lists  of  all  persons  voted  for  as  President, 
and  of  all  persons  voted  for  as  Vice  President,  and  of  the 
number  of  votes  for  each,  which  lists  they  shall  sign  and 
certify,  and  transmit,  sealed,  to  the  seat  of  the  govern- 
ment of  the  Confederate  States,  directed  to  thePresident 
of  the  Senate;  the  President  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates,  and  the  votes  shall  then  be  coun- 
ted;  the  person  having  the  greatest  number  of  votes  for 
President  shall  be  the  President,  if  such  number  be  a  ma- 
jority of  the  whole  number  of  electors  appointed;  and  if 
no  person  have  such  majority,  then,  from  the  persons  hav- 
ing the  highest  numbers,  not  exceeding  three,  on  the  list 
of  those  voted  for  as  President,  the  House  of  Rrepresen- 
tativcs  shall  choose  immediately,  by  ballot,  thePresident. 
But  in  choosing  the  President,  the  votes  shall  be  taken 
by  states,  the  representation  from  each  state  having  one 
one  vote  ;  a  quorum  for  this  purpofe  shall  consist  of  a 


15 


member  or  members  from  two-thirds  of  the  states,  and  a 
majority  of  all  the  states  shall  be  necessary  to  a  choice. 
Andiftlie  House  of  Representatives  shall  not  choose  a 
PresukMit,  whenever  the  right  of  choice  shall  devolve 
upon  them,  before  the  fourth  day  of  March  next  follow- 
ing, then  the  Vice  President  shall  act  as  President,  as  in 
case  of  the  death,  or  other  constitutional  disability  of  the 
President. 

4.  The  person  having  the  greatest  number  of  votes  as 
Vice-President,  shall  be  the  Vice-President,  if  such  num- 
ber be  a  majority  of  the  whole  number  of  electors  appoin- 
ted ;  and  if  no  person  have  a  majority,  then,  from  the 
two  highest  numbers  on  the  list  the  Senate  shall  choose 
the  Vice-President;  a  quorum  for  the  purpose  shall  con- 
sist of  two-thirds  of  the  whole  number  of  Senators,  and 
a  majority  of  the  whole  number  shall  be  necessary'to  u 
choice. 

5.  But  no  person  constitutionally  ineligible  to  the  office 
of  President  shall  be  eligible  to  that  of  Vice-President  of 
the  Confederate  States. 

6.  The  Congress  may  determine  the  time  of  choosing 
the  electors,  and  the  day  on  which  they  shall  give  their 
votes;  which  day  shall  be  the  same  throughout  the  Con- 
federate States. 

7.  Ko  person  except  a  natural-born  citizen  of  the  Con- 
federate States,  or  a  citizen  thereof,  at  the  time  of  the 
adoption  of  this  Constitution,  or  a  citizen  thereof  born 
in  the  United  States  prior  to  the  20th  of  December,  1860, 
shall  be  eligible  to  the  office  of  President;  neither  shall 
any  person  be  eligible  to  that  office  who  shall  not  have 
attained  the  age  of  tiiirty-live  years,  and  been  fourteen 
years  a  resident  within  the  limits  of  the  Confederate 
States,  as  they  may  exist  at  the  time  of  his  election. 

8.  In  case  of  the  removal  of  the  President  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shaU  de- 
volve on  the  Vice-President ;  and  the  Congress  may,  by 
law,  provide  for  the   case  of  removal,  death,  resignation, 


16 

or  inability  both  of  the  President  and  Vice-President, 
dechiring  what  officer  shall  then  act  as  President,  and 
such  officer  sliall  act  accordingly  until  the  disabilit}'  be 
removed  or  a  President  shall  be  elected. 

9.  The  President  shall,  at  stated  times,  receive  for  his 
services  a  compensation,  which  shall  neither  be  increased 
nor  diminished  during  the  period  for  which  he  shall  have 
been  elected  ;  and  he  shall  not  receive  within  that  period 
any  other  emolument  from  the  Confederate  States,  or  any 
of  them. 

10.  Before  he  enters  on  the  execution  of  his  office,  he 
shall  take  the  following  oath  or  alKrmation  : 

"I  do  solemnly  swear  (or  affirm) that  I  will  faithfuily 
execute  the  office  of  President  of  the  Confederate  States, 
and  will  to  the  lest  cf  my  ability,  preserve,  protect,  and 
defend  the  constitution  thereof." 

Section"  2. 

1.  Tlie  President  shall  be  coramandei'-iu-cluef  of  the  army  and 
navy  of  the  Confederate  States,  and  of  the  railitia  of  the  several 
States,  when  called  into  the  actual  service  of  the  Confederate 
States  ;  he  may  require  the  opinion,  in  writing,  of  the  princi})al 
officer  in  each  of  the  Executive  Departments,  upon  any  subject 
relating  to  the  duties  of  their  respective  otiiccs;  and  he  shall 
have  power  to  grant  reprieves  and  pardons  for  oflencos  against 
the  Confederate  States,  except  in  cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent 
of  the  Senate,  to  make  treaties,  provided  t>vo-thirds  of  the  Sen- 
ators pi'esent  concur  ;  and  lie  shall  nominate,  and  by  and  with 
the  advice  and  consent  of  the  Senate,  shall  appoint  ambassadors, 
other  public  ministers  and  consuls,  Judges  of  tlie  Supreme 
Court,  and  all  other  officers  of  the  Confederate  States,  whose 
appointments  are  not  herein  otherwise  provided  foi',  and  which 
shall  be  established  by  law ;  but  the  Congress  maj^,  by  law,  vest 
the  appointment  of  such  inferior  officers,  as  they  think  proper, 
in  the  President  alone,  in  the  courts  of  law  or  in  the  heads  of 
Departments. 

3.  The  principal  officer  in  each  of  the  Executive  Departments, 
and  all  persons  connected  with  the  diplomatic  service,  may  be 
removed  from  office  at  the  pleasure  of  the  President.     All  other 


17 

civil  officers  of  the  Executive  Department  may  be  removed  at 
any  time  by  the  President,  or  other  appointing  power,  when 
their  services  are  mmecessary,  or  for  dishonesty,  incapacity,  in- 
efficiency, misconduct,  or  neglect  or  duty ;  and  when  so  remov- 
ed, the  removal  shall  be  reported  to  the  Senate,  together  with 
the  reasons  therefor. 

4.  The  President  shall  have  power  to  hll  all  vacancies  that 
may  happen  during  the  recess  of  the  Senate,  by  granting  com- 
missions which  shall  expire  at  the  end  of  their  next  session  ;  but 
no  person  rejected  by  the  Senate  shall  be  re-appointed  to  the 
same  office  during  their  ensuing  recess. 
Section  3. 

1 .  The  President  shall,  from  time  to  time,  give  to  the  Con- 
gress information  of  the  state  of  the  Confederacy,  and  recom- 
mend to  their  consideration  such  measures  as  lie  shall  judge 
necessary  and  expedient  ;  he  may,  on  extraordinary  occasions, 
convene  both  Houses,  or  either  of  them;  and  in  case  of  disa- 
greement between  them,  with  respect  to  the  time  of  adjourn- 
ment, he  may  adjourn  them  to  such  time  as  he  shall  think  pro- 
per ;  he  shall  receive  ambassadors  and  other  public  ministers; 
he  shall  take  care  that  the  laws  be  faithfully  executed,  and  shall 
commission  all  the  officers  of  the  Confederate  States. 

Section  4. 

1.  The  President,  Vice  President,  and  all  civil  officers  of  the 
Confederate  States,  shall  be  removed  from  office  on  impeach- 
ment for,  and  conviction  of,  treason,  bribery,  or  other  high 
crimes  and  misdemeanors. 

ARTICLE  III. 

Section  1. 
1.  The  judicial  power  of  the  Confederate  States  shall  be  vest- 
ed in  one  Supreme  Court,  and  in  such  Inferior  Courts  as  the 
Congress  may  from  time  to  time  ord.iin  and  establish.  The 
judges,  both  of  the  Supreme  and  Inferior  Courts,  shall  hold 
their  offices  during  good  behavior,  and  shall,  at  stated  times, 
receive  for  their  services  a  compensation,  which  shall  not  be  di- 
minished during  their  continuance  in  office. 

Section  2. 
1.  The  judicial  power  shall  extend  to  all  cases  arising  under  this 
Constitution,  the  laws  of  the  Confederate  States,  and  treaties 


18 

made  or  which  shall  be  made  under  their  authority;  to  all  cases 
affecting  ambassadors,  other  public  ministers  and  consuls;  to  all 
cases  of  admiralty  and  maritime  jurisdiction;  to  controversies  to 
which  the  Confederate  States  shall  be  a  party  ;  to  controversies 
between  two  or  more  states ;  between  a  state  and  citizen  of 
another  state  where  the  state  is  plaintiff;  between  citizens 
claiming  lands  under  grants  of  different  states  ;  and  between  a 
state  or  the  citizens  thereof,  and  foreign  states,  citizens  or  sub- 
jects ;  but  no  state  shall  be  sued  by  a  citizen  or  subject  of  any 
foreign  state. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers, 
and  consuls,  and  those  in  which  a  state  shall  be  a  party,  the  su- 
preme court  shall  have  original  jurisdiction.  In  all  the  other 
cases  before  mentioned,  the  supreme  court  shall  have  appellate 
jurisdiction,  both  as  to  law  and  fact,  with  such  exceptions,  and 
under  such  regulations,  as  the  Congress  shall  make. 

3.  The  trial  of  all  crimes,  excej^t  in  cases  of  impeachment, 
shall  be  by  jury,  and  such  trial  shall  be  held  in  the  state  where 
the  said  crimes  shall  have  been  committed;  but  when  not  com- 
mitted within  any  state,  the  trial  shall  be  at  such  place  or  pla- 
ces as  the  Congress  may  by  law  have  directed. 

Section  3. 

1.  Treason  against  the  Confederate  States  shall  consist  only  in, 
levying  war  against  them,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act 
or  on  confession  in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment 
of  treason,  but  no  attainder  of  treason  shall  work  corruption  of 
blood,  or  forfeiture,  except  during  the  life  of  the  person  at- 
tainted. 

ARTICLE  IV. 

Section  1. 

1.  Full  faith  and  credit  shall  be  given  in  each  state  to  the 
public  acts,  records  and  judicial  proceedings  of  every  other 
state.  And  the  Congress  may,  by  general  laws,  prescribe  the 
manner  in  which  such  acts,  records,  and  proceedings  shall  be 
proved,  and  the  effect  thereof. 


If 

Section  2. 

1.  The  citizens  of  each  state  shall  be  entitled  to  all  the  privi- 
leges and  immunities  of  citizens  in  the  several  states,  and  shall 
have  the  riglit  of  transit  and  sojourn  in  any  state  of  this  Con- 
federacy, with  their  slaves  and  other  property :  and  the  rio-Jit 
of  property  in  said  slaves  shall  not  be  thereby  impaired. 

2.  A  person  charged  in  any  state  with  treason,  felony,  or 
other  crime  against  the  laws  of  such  state,  who  shall  flee  from 
justice,  and  be  found  in  another  state,  shall,  on  demand  of  the 
Executive  authority  of  the  state  from  whicli  he  fled,  be  deliv- 
ered up,  to  be  removed  to  the  state  having  jurisdiction  of  the 
crime. 

3.  No  slave  or  other  person  held  to  service  or  labor  in  any 
state  or  territory  of  the  Confederate  States,  under  the  laws 
thereof,  escaping  or  lawfully  carried  into  another,  shall,  in  con- 
sequence of  any  law  or  regulation  therein,  be  discharged  from 
such  service  or  labor :  but  shall  be  delivered  up  on  claim  of  the 
party  to  Avhom  such  slave  belongs,  or  to  whom  such  service  or 
labor  may  be  due. 

Section  3. 

1.  Other  states  may  be  admitted  into  this  Confederacy  by  a 
vote  of  two-thirds  of  the  whole  House  of  Kepreseutativcs,  and 
two-thirds  of  the  Senate,  the  Senate  voting  by  states ;  but  no 
new  state  shall  be  formed  or  erected  within  the  jurisdiction  of 
any  other  state ;  nor  any  state  be  formed  by  the  junction  of 
two  or  more  states,  or  parts  of  states,  without  the  consent  of 
the  legislatures  of  the  states  concerned  as  well  as  of  the  Con- 
gress. 

2.  The  Congress  shall  have  power  to  dispose  of  and  make 
all  needful  rules  and  regulations  concerning  the  property  of  the 
Confederate  States,  including  the  lands  thereof. 

3.  The  Confederate  States  may  acquire  new  territory ;  and 
Congress  shall  have  power  to  legislate  and  i)rovide  governments 
for  the  inhabitanta  of  all  territory  belonging  to  the^Confederate 
States,  lying  without  the  limits  of  tlie  several  states;  and  may 
permit  them,  at  such  times,  and  in  such  manner  as  it  may  by 
law  provide,  to  form  states  to  be  admitted  into  the  Confederacy. 
In  all  such  territory,  the  institution  of  negro  slavery  as  it  now 
exists  in  the  Confederate  States,  shall  be  recognized  and  pro- 
tected by  Congress,  and  by  the  territorial  government :  and  the 


20-' 

inhabitants  of  the  several  Confederate  States  and  Territories, 
shall  have  iJie  right  to  take  to  such  territory  any  slaves  lawfully 
held  by  them  in  any  of  the  states  or  territories  of  the  Confed- 
erate states. 

4.  The  Confederate  States  shall  guaranty  to  every  state  that 
now  is  or  hereafter  may  become  a  member  of  this  Confederacy, 
a  republican  form  of  government,  and  shall  protect  each  of 
them  against  iuA^asion  ;  and  on  application  of  the  legislature  (or 
of  the  Executive  when  the  legislature  is  not  in  session)  against 
domestic  violence. 

ARTICLE  V: 

Section  1. 

1.  Upon  the  demand  of  any  three  states,  legally  assembled 
in  their  several  eonventions,  the  Congress  shall  summon  a  con- 
vention of  all  the  states,  to  take  into  consideration  such  amend- 
ments to  the  Constitution  as  the  said  states  shall  concur  in  sug- 
gesting at  the  time  when  the  said  demand  is  made ;  and  should 
any  of  the  proposed  amendments  to  the  Constitution  be  agreed 
on  by  the  said  convention — voting  by  states — and  the  same  be 
ratified  by  the  legislatures  of  two-thirds  of  the  several  states, 
or  by  conventions  in  two-thirds  thereof — as  the  one  or  the  other 
mode  of  ratification  may  be  proposed  by  the  general  convention 
— they  shall  thenceforward  form  a  part  of  this  Constitution. 
But  no  state  shall,  without  its  consent,  be  deprived,  of  its  equal 
representation  in  the  Senate. 

ARTICLE  VI. 

1.  The  Government  established  by  this  Constitution  is  the 
successor  of  the  Provisional  Government  of  the  Confederate 
States  of  America,  and  all  the  laws  passed  by  the  latter  shall 
continue  in  force  until  the  same  shall  be  repealed  or  modified  ; 
and  all  the  officers  appointed  by  the  same  shall  remain  in  office 
until  their  successors  are  appointed  and  qualified,  or  the  offices 
abolished. 

2.  All  debts  contracted  and  engagements  entered  into  before 
the  adoption  of  this  Constitution  shall  be  as  valid  against  the 
Confederate  States  under  this  Constitution  as  under  the  Provi- 
sional Government.. 


21 

3.  This  Constitution,  and  the  laws  of  the  Confederate  States, 
made  in  pursuance  thereof,  and  all  treaties  made,  or  which  shall 
be  made  under  the  authority  of  tlie  Confederate  States,  shall  be 
the  supreme  law  of  the  land;  and  the  judges  in  every  state 
shall  be  bound  thereby,  anything  in  the  constitution  or  laws  of 
any  state  to  the  contrary  notwithstanding. 

4.  The  Senators  and  Representatives  before  mentioned,  and 
the  members  of  the  several  state  legislatures,  and  all  executive 
and  judicial  officers,  both  of  the  Confederate  States,  and  of  the 
several  states,  shall  be  bound  by  oath  or  affirmation,  to  support 
this  Constitution  ;  but  no  religious  test  shall  ever  be  required  as 
a  (lualilication  to  any  office  or  public  trust  under  the  Confeder- 
ate States, 

5.  The  enumeration,  in  the  Constitution,  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  retained  by 
the  people  of  the  several  states. 

0.  The  powers  not  delegated  to  the  Confederate  States  by 
the  Constitution,  nor  prohibited  by  it  to  the  states,  are  reserved 
to  the  states,  respectively,  or  to  the  peo])le  thereof. 

ARTICLE  VII. 

1.  The  ratification  of  the  conventions  of  five  states  shall  be 
sufficient  for  the  establishment  of  this  Constitution  between  the 
states  so  ratifying  the  same. 

2.  When  five  states  shall  have  ratified  this  Constitution,  in 
the  manner  before  specified,  the  Congress  under  the  Provisional 
Constitution,  shall  prescribe  the  time  for  holding  the  election  ot 
President  and  Vice  President;  and,  for  the  meeting  of  the  Elec- 
toral College  ;  and,  for  counting  the  votes,  and  inaugurating  the 
President.  They  shall,  also,  prescribe  the  time  for  holding  the 
first  election  of  members  of  Congress  under  this  ConstitiUion, 
and  the  time  for  assembling  the  same.  Until  the  assembling  of 
such  Congress,  the  Congress  under  the  Provisional  Constitution 
shall  continue  to  exercise  the  legislative  jiowers  granted  them; 
not  extending  beyond  the  time  limited  by  the  Constitution  of 
the  Provisional  Government. 


22 


EXTRACT  FROM  THE  JOURNAL  OF  THE  CONGRESS. 


Congress,  March  11,  1861, 
On  the  question  of  the  adoption  of  the  Constitution  of  the 
Confederate  States  of  America,  the  vote  was  taken  by  yeas  and 
nays ;  and  the  Constitution  was  unanimously  adopted,  as  fol- 
lows : 

Those  who  voted  in  the  affirmative  being  Messrs.  Walker, 
Smith,  Curry,  Hale,  McRae,  Shorter  and  Fearn,  of  Alabama, 
(Messrs.  Chilton  and  Lewis  being  absent) ;  Messrs.  Morton,  An- 
derson and  Owens,  of  Florida;  Messrs.  Toombs,  Howell  Cobb, 
Bartow,  Nisbet,  Hill,  Wright,  Thomas  R.  R.  Cobb  and  Ste- 
phens, of  Georgia,  (Messrs,  Crawford  and  Kenan  being  absent); 
Messrs.  Perkins,  de  Clouet,  Conrad,  Kenner,  Sparrow  and  Mar- 
shall, of  Louisiana ;  Messrs.  Harris,  Brooke,  Wilson,  Clayton, 
Barry  and  Harrison,  of  Mississippi,  (Mr.  Campbell  being  absent); 
Messrs.  Rhett,  Barnwell,  Keitt,  Chesnut,  Memminger,  Miles, 
Withers  and  Boyce,  of  South  Carolina  ;  Messrs.  Reagan,  Hemp- 
hill, Waul,  Gregg,  Oldham  and  Ochiltree,  of  Texas,  (Mr.  Wigfall 
being  absent.) 

A  true  copy  :  J.  J.  HOOPER, 

Secretary  of  the  Congress. 


Congress,  March  11,  1861. 
I  do  hereby  certify  that  the  foregoing  are,  respectively,  true 
and   correct  copies  of  "The  Constitution  of  the  Confederate 
States  of  America,"  unanimously  adopted  this  day,  and  of  the 
yeas  and  nays,  on  the  question  of  the  adoption  thereof 


President  of  the  Congress. 


